I work in Hyderabad in an MNC as a manager. I joined about 10 months back, and since I have joined, I have tried to improve the productivity of my team. However, this led to unhappiness amongst a few employees, and they complained of workplace harassment. Now, the company, approximately 2 months after receiving the complaint(s), constituted an inquiry panel. This panel called me for 2 meetings of 1 hour each in a 7-day period and questioned me verbally about certain incidents where I got angry with team members. During the meeting, which was like an interrogation, I was asked about certain allegations. I effectively proved some of them to be blatantly false, whereas other incidents were 1-1 where I couldn't provide any evidence.
After these 2 meetings, I was called by the HR to the office, and I was told that I was being asked to resign as the inquiry found misconduct applicable. I asked for a written copy of the complaints, which I wasn't provided. I also asked who the complainants were and who the team talked to for getting evidence. I also asked to know what policies I have violated; I need that in writing. Still, nothing was given to me. The HR refused to provide anything in writing and said I have a choice of resigning. If I do resign on my own, they will ensure it looks like a formal resignation, and I will be given one month's notice pay as per the contract. The HR refused to give me an alternate appeal procedure as well. I eventually resigned to safeguard my career.
Now my question is, did the company follow the right procedure in conducting the inquiry? As a manager, what options am I entitled to (since I don't fall in the workman category)? Can an organization terminate services abruptly without providing any written paperwork (chargesheet, show cause notice, etc.)? What are the next steps I should take to get justice?
Thank you in advance for any insights you can provide.
From India, Hyderabad
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After these 2 meetings, I was called by the HR to the office, and I was told that I was being asked to resign as the inquiry found misconduct applicable. I asked for a written copy of the complaints, which I wasn't provided. I also asked who the complainants were and who the team talked to for getting evidence. I also asked to know what policies I have violated; I need that in writing. Still, nothing was given to me. The HR refused to provide anything in writing and said I have a choice of resigning. If I do resign on my own, they will ensure it looks like a formal resignation, and I will be given one month's notice pay as per the contract. The HR refused to give me an alternate appeal procedure as well. I eventually resigned to safeguard my career.
Now my question is, did the company follow the right procedure in conducting the inquiry? As a manager, what options am I entitled to (since I don't fall in the workman category)? Can an organization terminate services abruptly without providing any written paperwork (chargesheet, show cause notice, etc.)? What are the next steps I should take to get justice?
Thank you in advance for any insights you can provide.
From India, Hyderabad
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When you resigned to safeguard your career, you should know that you are not being terminated by the company, and you resigned on your own. Hence, there is no way to appeal before any grievance redressal forum since the management has won on their counts. This is a lesson for everyone. You are aware that due process of enquiry did not happen, and you are being forced to resign to safeguard your future. Take this as an experience and proceed with your future. This is what I can say.
From India, New Delhi
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450From India, New Delhi
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Kumaracme - thank you for your thoughts. However, I have read several articles here in this forum that enforced resignation can also be challenged as it is against principles of natural justice. Anyway, my question doesn't pertain to resignation; rather, it is focused on the validity of the process of conducting a misconduct inquiry.
From India, Hyderabad
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From India, Hyderabad
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Dear friend,
Learned friend Mr. Kumar's observation seems appropriate to the context you originally explained. If an employer forces an employee to resign, it may be an attempt to circumvent the legal procedure of dismissal or to effect the separation smoothly and peacefully. Your stay in the company is for a short span of 10 months only, as you mentioned. Though your idea of improving the productivity of your team could not be found fault with, its kickback resulting in complaints against you by the same team might be indicative of your excess of enthusiasm or emotional outbursts. It could be your lack of understanding of the prevailing work culture in the organization or the individual capabilities of your team members which prompted you to expect effective results more quickly than normal. Anyway, it would not be out of place to mention that you failed to win the confidence of both your superior and subordinates. The efficacy of a manager basically depends on how effectively he communicates both upwards and downwards. Forget this bad episode and move ahead with confidence!
From India, Salem
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Learned friend Mr. Kumar's observation seems appropriate to the context you originally explained. If an employer forces an employee to resign, it may be an attempt to circumvent the legal procedure of dismissal or to effect the separation smoothly and peacefully. Your stay in the company is for a short span of 10 months only, as you mentioned. Though your idea of improving the productivity of your team could not be found fault with, its kickback resulting in complaints against you by the same team might be indicative of your excess of enthusiasm or emotional outbursts. It could be your lack of understanding of the prevailing work culture in the organization or the individual capabilities of your team members which prompted you to expect effective results more quickly than normal. Anyway, it would not be out of place to mention that you failed to win the confidence of both your superior and subordinates. The efficacy of a manager basically depends on how effectively he communicates both upwards and downwards. Forget this bad episode and move ahead with confidence!
From India, Salem
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There can be two ways left for one to decide;
(i) Accept the termination and fight for justice for termination in a wrongful manner.
(ii) Resign and leave the place for a new placement.
It all depends on an individual, what he wants. One can resign and go but would be left with a message for all that "he committed misconduct" and was a wrong man.
In our country, it is difficult to fight for justice and to get justice instantly is a daydream. "Ja palayati sa jibati" The one who ran away only saved.
From India, Mumbai
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(i) Accept the termination and fight for justice for termination in a wrongful manner.
(ii) Resign and leave the place for a new placement.
It all depends on an individual, what he wants. One can resign and go but would be left with a message for all that "he committed misconduct" and was a wrong man.
In our country, it is difficult to fight for justice and to get justice instantly is a daydream. "Ja palayati sa jibati" The one who ran away only saved.
From India, Mumbai
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